You will find here news and information on Indiana (mostly) divorce, child support, child custody, visitation/parenting time matters, prenuptial agreements, and other family law matters. I also toss in some of my opinions. Please understand that this blog is not intended as legal advice for your particular case. Nothing about this blog makes me your lawyer.

presumptionn. a rule of law which permits a court to assume a fact is true until such time as there is a preponderance (greater weight) of evidence which disproves or outweighs (rebuts) the presumption....

How does Indiana law presume paternity? Let me count the ways:

The man and the child's biological mother are or have been married to each other; and child is born during the marriage or not later than three hundred (300) days after the marriage is terminated by death, annulment, or dissolution;

the man and the child's biological mother attempted to marry each other by a marriage solemnized in apparent compliance with the law, even though the marriage: (i) is void under IC 31-11-8-2, IC 31-11-8-3, IC 31-11-8-4, or IC 31-11-8-6; or (ii) is voidable under IC 31-11-9; and (B) child is born during the attempted marriage or not later than three hundred (300) days after the attempted marriage is terminated by death, annulment, or dissolution;

the man undergoes a genetic test that indicates with at least a ninety-nine percent (99%) probability that the man is the child's biological father.

That is not all, IC 31-14-7-2 speak specifically of a rebuttable presumption and what is a rebuttable presumption?

rebuttable presumptionn. since a presumption is an assumption of fact accepted by the court until disproved, all presumptions are rebuttable. Thus rebuttable presumption is a redundancy.

Indiana's General Assembly first gives the law a general precondition:

If there is not a presumed biological father under section 1 or 1.5 (which is interesting because I see no section 1.5) of this chapter, there is a rebuttable presumption that a man is the child's biological father if, with the consent of the child's mother, the man...

Then we have another list:

receives the child into the man's home; and

openly holds the child out as the man's biological child.

IC 31-14-7-2(b) clearly states that this presumption does not establish the man's paternity. For establishing paternity you have to look at IC 31-14-2-1.

No comments:

About Me and My Practice

This blog exists for providing information and news about Indiana's laws on divorce and child support and child custody and parenting time and grandparent's rights. I also have tried to show off my law practice a bit at the same time. If you want to know even more about my law practice,just follow this link.

I began practicing law over twenty years ago and I am a solo practitioner. I am licensed to practice in all Indiana state and federal courts, but I do tend to limit my practice to those counties within a 100 mile radius. You can read my detailed background by following the profile links below.If you are looking to hire an attorney, please give me a call or send me an e-mail. My contact information is:

Want to Know More About Me

The Proverbial Legal Disclaimer

Please understand that this blog is not intended as legal advice for your particular case. Nothing about this blog makes me your lawyer. Nor can I answer your particular legal problems. If you have a legal problem, you need to hire an attorney.